Allahabad High Court · 2025-03-26
CRIMINAL MISC. WRIT PETITION No. 5739 of 2025 at Allahabad
- Citation / case number
- CRIMINAL MISC. WRIT PETITION No. 5739 of 2025 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- CRIMINAL MISC. WRIT PETITION No. 5739 of 2025 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
Neutral Citation No. - 2025:AHC:43773-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 5739 of 2025 Petitioner :- Manoj Kumar Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Lalit Kumar Misra Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Lawyers are abstaining from judicial work. We have perused the record. 2. Although, the prayer made in this writ petition is to quash the FIR dated 17.01.2025, registered as case crime no.12 of 2025, under sections 106(1), 125(b), 281 B.N.S., P.S. Manjhanpur, District Kaushambi, but on perusal of record it transpires that offences, complained of, are punishable only up to seven years and therefore, before effecting the arrest of the petitioners, specific provisions contained in Section 41(1)(b) and Section 41-A of CrPC/Section 35(3) to 35(7) of Bhartiya Nagrika Suraksha Sanhita, 2023 be strictly complied with in view of law laid down by Hon'ble Apex Court in several judgments. 3. We have perused the FIR, which prima facie discloses cognizable offences against the petitioners and therefore, the prayer made to quash the FIR cannot be entertained in view of law laid